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Podcast 65: The right of prisoners to vote with Carl Gardner

charonqc — Sun, 06 Jul 2008 06:29:29 -0500

Today I am talking to Carl Gardner, author of the Head of Legal blog, barrister, former government lawyer and commentator on Human Rights Law, about the case of Hirst v United Kingdom No (2) heard at the ECHR in 2005.

Yesterday, I did a podcast with John Hirst, author of the Jailhouse Lawyer blog about his experience of prison life and during that conversation we talked about John's case against the British government about the right of prisoners to vote - which he won.

Carl Gardner analyses the Hirst case and we talk about the practical implications of the judgment. We also talk about Lord Phillip's attitude to Sharia Law and his support for Dr Rowan Williams, the Archbishop of Canterbury.

Listen to Podcast 65: The right of prisoners to vote with Carl Gardner

***

John Hirst has posted on his Jailhouse Lawyer's blog: "The Government's proposed options for changing the law in relation to prisoner voting rights".

Podcast 64: With John Hirst - author of Jailhouse Lawyer's blog

charonqc — Sat, 05 Jul 2008 10:16:39 -0500

Today I am talking to John Hirst, author of the Jailhouse Lawyer's blog. John has spent 35 of his 57 years in prison.

John was sent to prison for life after being convicted of the manslaughter of his landlady, in 1979. "He received a tariff of 15 years, but served a total of 25 before being released in October last year. He believes his activities as a litigant against the Prison Service and Home Office are the main reason he had to serve the extra years. John proved to be the most prolific prisoner litigant of modern times - and, he says, like Perry Mason and Rumpole of the Bailey, he never lost a case against the Prison Service." [Guardian article - below]

Listen to Podcast 64: With John Hirst - author of Jailhouse Lawyer's blog.

***

Guardian article: The Devilish Advocate

4th July: Declaration of Independence...

charonqc — Fri, 04 Jul 2008 16:41:50 -0500

Perhaps overcome at the celebrations our brothers and sister from America are enjoying this day - but, being honest, mildly over refreshed with the quite excellent Rioja I am consuming with enthusiasm... I have taken the theme of Independence to heart this day. Earlier, I posted a short piece on "Cry Freedom - say NO to awards". (Infra) To this I add a short speech... I shall call it "A declaration of Independence"... nothing pretentious, nothing trite... a simple statement.

4th July: 10.30 pm - A Declaration of Independence

Listen to the speech in gloriously British technicolour with excellent music.

(I was wearing a dinner jacket, of course)

Nearly Legal on Twitter said he was up for mounting barricades. As he suggested... let the rallying cry be "Obscure but Free" !

Excellent... I'm having another glass. Have a good weekend.

West London Man (16): “I busted a mirror and got seven years bad luck, but my lawyer thinks he can get me five.”

charonqc — Thu, 03 Jul 2008 14:30:40 -0500

Audio Podcast version: West London Man (16)

“I busted a mirror and got seven years bad luck, but my lawyer thinks he can get me five.”
Stephen Wright, American actor and writer.

Wimbledon ticket prices plummeted when Andy Murray crashed out of Wimbledon after his straight sets defeat at the hands of the incredible hulk. Caroline has returned to work with her ex-boss Rod, and George is at home watching Criminal Justice, the new BBC five part drama. The children are staying with Caroline's parents in Surrey for a week.

George had read that Bar Council Chairman Timothy Dutton QC had objected to the portrayal of barristers in the drama, written by former barrister Peter Moffat - issuing a press release to this effect on Monday 30th June. Timothy Dutton QC stated: "The drama shows barristers acting in breach of their professional obligations. In episode two a QC encourages a client to provide a false defence to a Court. Such conduct constitutes a grave breach of professional conduct and would be grounds for the barrister to be struck off. The Bar Council is very concerned at the portrayal in this way of a profession which works to the highest ethical standards."

George had watched the first two episodes on BBC iPlayer, but was at home to watch the third episode. He rather liked the look of the female QC, Alison Slaughter. George, who had enjoyed nigh on a half bottle of Jack Daniels and several lines of cocaine, decided to ring his City lawyer friend Hugo. It was just after 10.00 pm

Ring...ring....ring...ring....

Hugo: Hello

George: Hugo...George here... how are you? I've been at the Jack a bit.... but have you been watching this BBC drama, Criminal Justice?

Hugo: I work until 11.00 at night, George. I do not watch television dramas and certainly not dramas about criminal lawyers... I see quite enough law being done criminally each day... by other firms, of course.

George: Right. Your profession doesn't come out too well... very dodgy in fact.... lawyers trying to encourage their clients to put false defences. Top banana at The Bar Council is none too pleased. Been banging off letters to all the papers. Even the Evening Standard got it - although it was exactly the same story as the one in the Daily Mail.

Hugo: And your point is.... George?

George: This Dutton guy... he has a point. Can't have the legal profession being portrayed in an unfavourable light..... not good for values, for the economy... for society... respect for the law.

Hugo sighed, put his pen down, took off his expensive platinum frame glasses, put them on the desk and started laughing.

Hugo: Values?.... good to hear you know what they are.... I'd have thought if you were up on a charge you would want a barrister who bent the rules a bit?

George: Well.... you may have a point... but... hypothetically.... doesn't Dutton have a point?

Hugo: Yes... Dutton has a point. Whether he will achieve anything in terms of changing public perception by making this point is quite another thing. The fact is that lawyers rank behind traffic wardens and estate agents in the affections of the public. This has some benefits. We are known to be rapacious, greedy, venal, bastards that no-one, apart from shrewd bankers, is surprised by the fee levels we charge... but, be that as it may, the BBC must be delighted that Dutton has waded in. Acres of news coverage for their drama. Moffat replies, quite sensibly (a) that it is drama and, rather more pointedly, said in the press today... and I quote from The Guardian... (b) "It is absolutely common practice for defendants to be prodded towards giving instructions which suit the best available defence."

George: So Duttton is wrong?

Hugo: No... Dutton is right. Moffat did, however also point out, as the Daily Mail reported, and I quote: "Timothy Dutton ... seeks to reassure us that defence practitioners act to the highest standards. Does this include the barrister disciplined recently for punching his opponent in court? Or the defence practitioner who sent documentary 'evidence' (in fact invented and drafted by himself) from an internet cafe in Oxford Street to his opponent?

'It is about time the Bar faced the fact that like every other profession it has brilliant and fair-minded practitioners, those of average ability and the violent, dishonest and stupid working within it.'

George: So there are bent barristers?

Hugo: You must reach your own conclusions on these matters, George. On the other hand.... if you would like a professional opinion on the matter... I take AMEX, Visa and Mastercard.... do you have your card with you?... I need the 16 digit code and the three digit security number... and, as you are pissed, I may as well take your PIN number as well.

George: OK...OK....It's only a drama.... and... yeah.... you don't get many lawyers admitting to being lawyers down at Mahiki. Fancy going to Mahiki tomorrow night?

Hugo: No... but we could try another bar or go over to Brinkley's. By the way... have you seen Katja again?

George: No... we had a quick shag at Ascot.... but she's due over here again for Henley? You going to Henley?

Hugo: Yes I am. Why are you going to Henley, George? You know nothing about rowing.

George: Bit of business. Day out... bit of drinking... the usual....networking...and tax deductible... got a minor Arab Sheik coming from Qatar or some other Emirate.... who likes to break free while he is over here... and, f course, Katja is coming over.... Oh... and I'm taking one of my near neighbours... an Audi Quattro TT driving prat who finds himself fascinating.

Hugo: I may see you there. I must now return to my paperwork... time is money.... Profits per equity partner are rather important here.

***

Audio Podcast version: West London Man (16)

Supreme Court Rulings Wrap-Up '08

(author unknown) — Thu, 03 Jul 2008 12:51:40 -0500

The Supreme Court wrapped up on June 26th with its final ruling-an Individual Right to Bear Arms. Join Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi as they talk shop with the experts: Tony Mauro, Supreme Court correspondent for Legal Times, American Lawyer Media and Law.com and Amy Howe, from the firm Howe & Russell, PC. and contributor to the SCOTUS Blog. They will discuss these wrap-up rulings, get reactions to the rulings and look at what the Supreme Court will look like at the same time next year when we are under the rule of a new President.

Podcast 63: Pink Tape on Family Law

charonqc — Tue, 01 Jul 2008 11:36:58 -0500

Today I am talking to Lucy Reed, a barrister and author of the family law blog Pink Tape.

We discuss a range of famiy law issues - why Lucy blogs - combining practice with a young family - advice to students considering a career at The Bar - Pre-nuptial agreements - and end with Lucy's plans to do a half marathon.

***

Listen to Podcast 63: Pink Tape on Family Law

Podcast 62: A call to The Duke of Edinburgh on a premium rate line

charonqc — Mon, 30 Jun 2008 13:15:31 -0500

The story about Dial-A-Royal fascinated me - so I have done a companion podcast version of "One just called to say hello" - (complete with a special ringtone) of my conversation with The Duke of Edinburgh - purely imaginary, of course....

***

Listen to Podcast 62: In conversation with The Duke of Edinburgh on a premium rate phoneline.

The text version is below and linked above.

MIT Press Podcast- Episode 11, July 2008

(author unknown) — Wed, 02 Jul 2008 09:00:00 -0500

Chris Gondek interviews 1) Rosalind Williams, author of Notes on the Underground and 2) Nicolas Wey-Gomez, author of The Tropics of Empire.

Hedge Fund Lending

Brian Dolan — Mon, 30 Jun 2008 13:17:25 -0500

Recently, Pepper Hamilton, Pinnacle Fund Administration and Herbert L. Jamison and Company hosted a Hedge Funds and Investment Management Update. This session covered topics such as valuation in light of FAS 157, recent SEC activity, the impact of the credit meltdown, side by side conflict management, and the effect of each of these developments on portfolio construction and management.

This podcast features the presentation of Joe Voyticky, of counsel in Pepper Hamilton’s Financial Services Practice Group and resident in Pepper’s NY office, and Leon Barson, a corporate restructuring and bankruptcy partner in the Philadelphia office of Pepper Hamilton. Joe and Leon’s presentation was titled “Hedge Fund Lending.”

Please contact Brian Dolan at dolanb@pepperlaw.com if you would like a copy of the presentation slides.

(Running Time: 20:29)

MP3 File

Joe Voyticky
Of Counsel

Leon Barson
Partner

The Demise of Bear Stearns

(author unknown) — Mon, 30 Jun 2008 14:25:48 -0500

Last week Ralph R. Cioffi and Matthew M. Tannin, both former hedge fund managers for Bear Stearns, surrendered to federal agents and were charged with nine counts of securities, mail and wire fraud. Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi welcome Attorney Rich Strassberg, a partner in Goodwin Procter’s Litigation Department and chair of its White Collar Crime & Government Investigations Practice, to discuss the details of this criminal case. They will explore the Bear Stearns scandal, look into the criminal charges against the ex-managers, the state of the mortgage market, the evidence in their email correspondence, tackle the topic of white-collar crime and look at what criminally can happen to these once successful fund managers.

Podcast 61: With Chris Haywood - future barrister and musician...

charonqc — Mon, 30 Jun 2008 08:32:43 -0500

Today I am talking to Chris Haywood who has just completed his GDL and intends to do the BVC in September. Chris has joined the UK blawgers with his new blog "RocknLaw".... and is a member of the band - PIANO.

We talk about the GDL, have a brief musical interlude with one of Piano's songs - Home is where the heart is - talk about the band, music and then get back to a bit of Law. The podcast ends with another extract from Piano - Two wrongs don't make a right.

***

Listen to Podcast 61: With Chris Haywood... future barrister and musician

Delaware's New Series Fund Law

Brian Dolan — Fri, 27 Jun 2008 13:28:58 -0500

This podcast features the presentation of Rick Eckman, partner and chair of Pepper Hamilton’s Financial Services Practice Group. Rick’s presentation was titled “Delaware’s New Series Fund Law.”

Please contact Brian Dolan at dolanb@pepperlaw.com if you would like a copy of the presentation slides.

(Running Time: 11:56)

MP3 File

Rick Eckman

Administration, Banking Custody and AML Update

Brian Dolan — Fri, 27 Jun 2008 13:13:45 -0500

This podcast features the presentation of Brian Smith, Director with Pinnacle Fund Administration and James Sayko, Senior Compliance Officer with JPMorgan Chase. Brian and James’ presentation was titled “Administration, Banking, Custody and AML Update.”

Please contact Brian Dolan at dolanb@pepperlaw.com if you would like a copy of the presentation slides.

(Running Time: 24:04)

MP3 File

Medicare Set-Asides and New CMS Rules

(author unknown) — Mon, 23 Jun 2008 09:47:09 -0500

Medicare set-asides and the new CMS rules regarding the liability side of the house will take effect in July 2009. Ringler Radio host, Larry Cohen and co-host, Joan Pagnano, head of the Braintree, Massachusetts Ringler offices, revisit this hot topic with Peter Foley, Vice President of Claims Administration for the American Insurance Association, to explore next steps after the new rules take effect. They will discuss Peter’s role as liason to CMS, how these new rules may affect settlements and the insurance industry and get a structured settlement perspective on how to educate plaintiff attorneys about these new rules.

Podcast 60: Professor Geoffrey Alderman on why academic standards are declining.

charonqc — Sun, 22 Jun 2008 06:04:15 -0500

Podcast 60: Professor Geoffrey Alderman on why academic standards are declining.

Today I am talking to Professor Geoffrey Alderman, Professor of Politics and Contemporary History at The University of Buckingham and a former Chairman of the University of London’s academic council

Professor Alderman wrote a fascinating article in The Times on 18th June A grotesque bidding game is undermining university standards" - confronting the issue of degree inflation, the pressure on lecturers to mark examinations leniently and the issue of plagiarism.

Professor Alderman stated in The Times: “Academic standards are in decline in many British universities. Students who would once have been failed their degrees pass, and students who would once have been awarded respectable lower seconds are now awarded upper seconds and even firsts."

I ask Geoffrey Alderman about the evidence for his statement about declining standards. We also discuss plagiarism, cheating and the rise of essay writing services. For anyone involved in legal or other education, Professor Alderman's discussion with me is well worth listening to. His views are robust, direct and to the point - refreshingly so.

Listen to the podcast: Professor Geoffrey Alderman on why academic standards are declining.

***

Professor Geoffrey Alderman's website

Boumediene v. Bush, Habeas Corpus & the Future of Guantanamo

(author unknown) — Thu, 19 Jun 2008 09:00:17 -0500

In a 5-4 decision, the Supreme Court ruled in Boumediene v. Bush, that suspected terrorists and foreign fighters held by the U.S. military at Guantanamo Bay, Cuba, have the right to challenge their detention in federal court. Law.com blogger and co-host, J. Craig Williams, welcomes experts, Aziz Huq, Deputy Director from The Brennan Center for Justice at NYU School of Law and Attorney Edward Lazarus, partner at the firm, Akin Gump Strauss Hauer & Feld LLP and author of Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court to explore this significant ruling. They will discuss habeas corpus rights of Guantanamo detainees and others, the effect on the war on terrorism and what this means for detainees.

Data Privacy, Multilingual Discovery & Text Messages

(author unknown) — Wed, 18 Jun 2008 11:30:38 -0500

Want to know more about data privacy and protection in cross border litigation? In this edition of The ESI Report, host Michele Lange, Attorney and Director of Legal Technologies at Kroll Ontrack, opens the Buzz with experts, Tracey Stretton, Legal Consultant with Kroll Ontrack’s UK office and Mark Surguy, a UK solicitor specializing in large scale multiparty litigation, to tackle this hot topic in the e-discovery world. In the Bits & Bytes Legal Analysis segment, Kelly Kubacki, Kroll Ontrack Legal Correspondent, will take a look at the text messaging review and production protocol issued in Flagg v. City of Detroit.

Podcast 58: The BVC, pupillage interviews and life.. with LawMinx

charonqc — Sun, 15 Jun 2008 13:56:06 -0500

Tonight, as Brazilian live music plays in the next door garden, I did a podcast with LawMinx. LawMinx has finished the BVC, continues to work on her Ph.D research and is about to embark on the post OLPAS round of pupillage interviews. We do, actually, manage to talk about the BVC and pupillage.... but then we started talking about Twitter.... my monkey / gorilla, Tempranillo, who handles my Twitter posts for me, and talk about life generally. We interrupt each other from time to time - but that is the nature of podcast interviews done over the net telephone - and I enjoyed it. I did my best to get the conversation back to the BVC.

Listen to: Podcast 58: The BVC, pupillage interviews and life... with LawMinx.

***

We also talk about blogging and the upcoming UK Blawgers conference at a pub in London in August. I assured LawMinx that Geeklawyer, who is organising this seminal event again this year (we are grateful), has been doing detailed and penetrating research - and performing selfless acts of devotion on our behalf in the name of blawging freedom.

Podcast 57: The Irish Referendum and The EU Lisbon Treaty

charonqc — Sun, 15 Jun 2008 07:40:00 -0500

Today I am talking with Carl Gardner, author of The Head of Legal blog, about the impact the Irish "NO" vote will have on the EU Lisbon Treaty. Carl, who is expert in this field talks about the options. I enjoy doing all my podcasts - but this was was most enjoyable to do. I stress - I have the easy bit - asking the questions!

Listen to Podcast 57: The Irish Referendum and The EU Lisbon Treaty

Podcast 56: With Carl Gardner on 42 days...

charonqc — Thu, 12 Jun 2008 06:52:00 -0500

Today, on the day after the government squeezed through with their proposal to extend the detention without charge period from 28 to 42 days, I talk with Carl Gardner, author of the Head of Legal blog.

We discuss: 42 days - The deals - What happens when it gets to the Lords and find time to look at what the Irish are doing with their referendum on The Lisbon Treaty.

Listen to the podcast: In conversation with Carl Gardner on 42 days

***

We had some interference on the telephone while recording this - so the sound quality does break up in parts. Apologies.

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